DR.SABU MATHEW GEORGE Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant Writ Petition has been filed by the petitioner, a public spirited person, for issue of necessary directions for the effective implementation of provisions of The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for brevity, the 1994 Act). The reliefs sought in the Writ Petition are to command Signature Not Verified the respondent Nos. 1 and 2, namely, Secretary, Ministry of Health and Family Welfare and Secretary, Ministry of Communication and Information Technology with the help of its agencies such as Computer Emergency Response Team (CERT) to block all such websites, including that of the respondent Nos. 3 to 5, namely, Google India, Yahoo ! India and Microsoft Corporation (I) Pvt. Ltd. and to stop all forms of promotion of sex selection such as advertisement on their websites as these violate the provisions of the 1994 Act, and further to issue of a writ of mandamus to the said respondents to post the directions of this Court on the front page of their search engines so that there is widespread public awareness and further constitute a separate monitoring committee of the CERT and civil society members to check against any future violations.

(2.) Before we address the lis that has arisen in the present Writ Petition and the orders passed on various occasions, it is necessary to state here that the 1994 Act was enacted by the Parliament being conscious of the increase of female foeticides and resultant imbalance of sex ratio in the country. The Statement of Objects and Reasons of the 1994 Act reads as follows:- Statement of Objects and Reasons It is proposed to prohibit pre-natal diagnostic techniques for determination of sex of the foetus leading to female foeticide. Such abuse of techniques is discriminatory against the female sex and affects the dignity and status of women. A legislation is required to regulate the use of such techniques and to provide deterrent punishment to stop such inhuman act.

(3.) Be it noted, initially the legislation was named as the Pre-natal Techniques (Regulation and Prevention of Misuse) Act, 1994 and by Section 3 of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 the nomenclature of the 1994 Act has been amended which now stands as The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 with effect from 1.1.1996. Preamble to the 1994 Act reads as follows:- An Act to provide for the prohibition of sex selection, before or after conception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female foeticide and for matters connected therewith or incidental thereto.